R v Wilkie [2008] NSWSC 947

R v Wilkie [2008] NSWSC 947

Leave is granted for the Crown to cross-examine its witness because there are prior statements inconsistent with the witness's recent testimony regarding the origin and delivery of instructions to vary 'the list'.

Parties
Crown: Regina (Commonwealth); Accused: Daniel Wilkie
Jurisdiction
Australia
Judgment Date
08 September 2008
Procedural Posture
Criminal / Application for Leave to Cross Examine Prosecution Witness
Outcome
Leave to cross-examine granted
Legal Topics
Cross Examination of Prosecution Witness, Admission of Inconsistent Statements
Criminal Law Cross Examination of Prosecution Witness Admission of Inconsistent Statements

Case Brief

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Parties

Regina (Commonwealth)

Crown

Daniel Wilkie

Accused

Procedural Posture

Criminal / Application for Leave to Cross Examine Prosecution Witness

Legal Issues

  1. 1 Whether leave should be granted for the Crown to cross-examine its own witness under Evidence Act 1995 due to prior inconsistent statements

Ratio Decidendi

Leave is granted for the Crown to cross-examine its witness because there are prior statements inconsistent with the witness's recent testimony regarding the origin and delivery of instructions to vary 'the list'.

Court Disposition

Leave to cross-examine granted

Orders

  • Leave to cross-examine prosecution witness Mr Spratt is granted